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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 350   View pdf image (33K)
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350 Assembly Proceedings, June 17-July 8, 1746.

L. H. J.
Liber No. 46

Oath, or Affirmation if a Quaker, that the Demand made by them
on Behalf of the deceased is According to a true Copy from the Book
of the Deceased, and that there appears no other or further Credit
to be given on the same Book or Books than they then give and that
to the best of their Knowledge the Ballance remains due And in Case
the said Commissioners or a Creditor or Creditors make any Doubt
of the Truth of the Oath of such Executor or Administrator it shall
and may be lawfull for them the said Commissioners to Cause such
Executor or Administrator to produce to them the Book or Books
of Account of the deceased for their and the Satisfaction of such
Creditors
And be it likewise Enacted That if any Person or Persons shall
Conceal the Effects or Estate of such Person or Persons so ab-
sconded Become Bankrupt stoping and refusing Payment in manner
afd it shall and may be lawful for such Commissrs and they are
hereby impowered to Commence and prosecute An Action of Tres-
pass, Trover, or any other suit that shall be Proper, against such
Person or Persons so concealing such Effects; and if Judgment shall
be rendered against such Person or Persons so concealing the Effects
or Estate as aforesaid, he or they shall pay treble Costs, together with
the Debt or Damage to be recovered, for the use of the Creditors of
such Person or Persons so absconded become Bankrupt, Stoping and
refusing Payment as aforesaid; and the said Commissioners shall,
and they are hereby obliged to Account with the said Creditors for
the same Accordingly.
And be it further Enacted, That in case of the Death or other
Inability to Act of Any such Commissioner or Commissioners as
may or shall be by virtue of this Act appointed and Commissioned,
that then and in such Case, one or more of the Creditors of such
Person or Persons Absconded, become Bankrupt, stoping and refus-
ing Payment in manner aforesaid, shall and may, and they are hereby
impowered to nominate one or more Commissioner or Commissrs to
the Provincial or County Court, or to one of the Justices of the said
Provincial Court, or one of the Justices of the County Court, who
shall, and they are hereby impowered and directed to make An order
to the Clerk of the respective Court, as the case may require, to
make out a new Commission to such other person or persons as to
them shall be nominated to Act and do in the Room and Stead of
such other Commissioner or Commissrs so dead or reduced incapable
of Acting: And such Clerk or Clerks is and are hereby obliged to
make out Commission Accordingly: and the same Commissioner or
Commissioners shall in all respects conform to the Direction of this
Act, as the former or first Commissioners are directed to do. and he
or they are hereby invested with the same Powers and Authorities
as the first Commissioners aforesaid have, or ought to have, in Virtue
of the Act.



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 350   View pdf image (33K)
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